Author Archives: Jay Butchko
What Is A Will Contest?
When someone passes away, the normal course of events would require that their will be submitted to probate, and then processed so that the beneficiaries may receive their inheritances, if any. However, not every will is a true expression of the testator’s (the maker’s) wishes, and if you fear that your relative may have… Read More »
Florida Probate & Safety Deposit Boxes
Sometimes, a person will pass away suddenly, or in an unanticipated manner, and when this happens, they may or may not leave a will behind. Alternatively, they may leave a will, but certain assets specified in it may be unaccounted for. When either of these occurs, the existence of a safety deposit box can… Read More »
Equitable Distribution of Pensions in Florida
In a Florida divorce, a pension is often a prized asset, especially when there are few others to divide. However, pensions are a somewhat unique item in that they are governed by specific laws mandating their division, instead of a family court judge simply splitting them in half or dividing in another appropriate way…. Read More »
Criminal Charges For Bad Condo Boards
Sometimes, condo boards do not act in an ethical manner, but until recent years, very little was able to be done about it unless the board member was caught in the act. In 2017, however, Florida made major changes to its relevant laws, establishing criminal consequences for some of the acts most often reported… Read More »
Overturning A Florida Prenup
Prenuptial agreements are meant to be set in stone to a reasonable degree. This means that most of the time, it is not possible to invalidate or overturn a prenup. However, there are exceptions in which a provision of the agreement might be able to be invalidated. If you have been stuck in a… Read More »
What Is Imputed Income?
Child support is a right owed to every child from their parents. If the parents choose to divorce, the court will usually assign a certain amount of child support to be paid each month, from the noncustodial parent to the custodial parent (in trust for the child). However, sometimes the noncustodial parent will try… Read More »
Avoiding Intestate Distribution of Assets
When you lose a loved one, it is not uncommon to want to retain some belonging of theirs as a memento of the person, or to be granted an asset like an automobile or bank account in their will. However, if the deceased person’s will is not in order, you may not get to… Read More »
Military Pensions and the USFSPA
During their service, military servicemembers accrue points and service time toward their pension vesting, as many employees do with their employer. However, servicemembers are not allowed to access the principal at all until they have served at least 20 years, and when they do, it is divisible in divorce. If you are going through… Read More »
Who’s Got The Key: Condo Laws & Privacy Rights
Most Florida condo owners, by necessity, accept a little interaction with their condo board and with maintenance people who require access to their units in order to make repairs. However, in recent months and years, it has become more common for condo associations to request even more access to units, which can be discomfiting… Read More »
Identifying Marital Assets In Florida Law
Florida is an equitable distribution state, meaning that upon divorce, all assets will be split into marital and separate property. Separate property, as one might guess, remains the property of the individual spouses, while marital assets and debts are divided in a fair, or ‘equitable,’ manner. However, sometimes it can be difficult to classify… Read More »
